(a)The Commission [commission] may deny a license to an applicant who fails to satisfy the Commission [commission] as to an individual applicant's [ the] honesty, trustworthiness, or integrity [of the applicant] under the Act, Texas Occupations Code Chapter 1102, and the rules of the Commission [§§1101.354, 1102.107, 1102.108, and 1102.109; and §535.400 of this title]. (b)Conduct that tends to demonstrate that an applicant does not possess the requisite honesty, trustworthiness or integrity includes, but is not limited to: (1)a plea of guilty or nolo contendere to or a conviction of any offense listed in §541.1 of this title (relating to Criminal Offense Guidelines); (2)failing to successfully or satisfactorily complete any term or condition of parole, supervised release, probation, or community supervision; (3)providing false or misleading information to the Commission [commission]; (4)disciplinary action taken against, or the surrender of, any other professional or occupational license or registration, in this or any other state; (5)engaging in activities for which a license or registration is required without having the legal authorization to do so, in this or any other state; (6)violating any provision of the Act [Texas Occupations Code, Chapter 1101 or 1102]; (7)violating any provision of the rules of the Commission [Chapters 531, 533, 535 or 537 of this title]; (8)failing to pay a judgment (including any court-ordered costs, fees, penalties, or damages), that is not otherwise discharged in bankruptcy;[.] (9)failing to provide information or documentation related to moral character requirements not later than the 60th day after the date the Commission sends a written request to an applicant. [(c)Texas residents who enter military service and resume their Texas residence immediately upon separation from the military are not considered to have lost their Texas residence unless they have affirmatively established legal residence elsewhere.] [(d)The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a license.]
The agency certifies that legal counsel has reviewed
the proposal and found it to
be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 25, 2014
TRD-201404024 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 5, 2014
For further information, please call: (512) 936-3092
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